Design Registration
Design registration offers intellectual property safeguards, ensuring that a newly crafted design applied to an industrially produced article remains shielded from imitation. With this registration, owners gain a 10-year exclusivity period for their design, extendable for an additional five years.
Following are some advantages that an owner can avail after getting registration of a design
- Exclusive rights over the new and original design
- An asset of the proprietor/owner
- Can initiate a legal proceeding in case of infringement by a third-party
- Serve as a prima facie evidence in an infringement suit
- Right to sell, transfer and license the design with ease
The following are essential requirements that need to be fulfilled:
- A design should be Original and new design. This means that it should not have been used or published previously in any country before the date of application of registration.
- A design should be significantly distinguishable from known designs or a combination of known designs
- A design should not comprise or contain scandalous or obscene matter
- A design should not be a mere mechanical contrivance
- A design should be applied to an article and should appeal to the eye
- Any person or the legal representative or the assignee can apply separately or jointly for the registration
- The term “person” includes firm, partnership, small entity, and a body corporate.
- In the case of an NRI, his agent or legal representative need to apply for Design Registration
